Amended in Senate March 7, 2013

Senate BillNo. 112


Introduced by Senator Monning

January 15, 2013


An act to amend Section 2194 of the Elections Code, relating to voter information.

LEGISLATIVE COUNSEL’S DIGEST

SB 112, as amended, Monning. Voter information: public examination.

Existing law sets forth the requirements and procedures for handling the voter registration card and for the specific voter information that is contained therein. Existing law provides that the home address, telephone number, e-mail address, precinct number or other specified number, and prior registration information shown on the voter registration card for all registered voters are confidential and prohibits the disclosure of that information to any person, except as specified.

This bill would require that the above-referenced voter registration card information bebegin delete open for public examination if the information has been recorded more than 72 years prior to the date of the examination requestend deletebegin insert available to the public 100 years after the creation of the recordend insert. If the records are contained in the great registers of voters and the bound register contains information covering more than one year, the bill would prohibitbegin delete the examination of theend deletebegin insert the public availability of theend insert records until the entire contents of the register have been recorded for at leastbegin delete 72end deletebegin insert 100end insert years.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 2194 of the Elections Code is amended
2to read:

3

2194.  

(a) The voter registration card information identified in
4subdivision (a) of Section 6254.4 of the Government Code:

5(1) begin deleteShall end deletebegin insertExcept as provided in paragraph (4), shall end insertbe
6confidential and shall not appear on any computer terminal, list,
7affidavit, duplicate affidavit, or other medium routinely available
8to the public at the county elections official’s office.

9(2) Shall not be used for any personal, private, or commercial
10purpose, including, but not limited to:

11(A) The harassment of any voter or voter’s household.

12(B) The advertising, solicitation, sale, or marketing of products
13or services to any voter or voter’s household.

14(C) Reproduction in print, broadcast visual or audio, or display
15on the Internet or any computer terminal unless pursuant to
16paragraph (3)begin insert or (4)end insert.

17(3) Shall be provided with respect to any voter, subject to the
18provisions of Sections 2166.5, 2166.7, and 2188, to any candidate
19for federal, state, or local office, to any committee for or against
20any initiative or referendum measure for which legal publication
21is made, and to any person for election, scholarly, journalistic, or
22political purposes, or for governmental purposes, as determined
23by the Secretary of State.

24(4) Shall be begin delete open for examination by the public if the
25information has been recorded more than 72 years prior to the date
26of the examination requestend delete
begin insert available to the public 100 years after
27the creation of the recordend insert
. If records are contained in the great
28registers of voters and the bound register contains information
29covering more than one year, the records shall not bebegin delete viewedend delete
30begin insert available to the publicend insert until the entire contents of the register have
31been recorded for at leastbegin delete 72end deletebegin insert 100end insert years.

32(b) (1) Notwithstanding any other provision of law, the
33California driver’s license number, the California identification
34card number, the social security number, and any other unique
35identifier used by the State of California for purposes of voter
36identification shown on a voter registration card of a registered
37voter, or added to voter registration records to comply with the
38requirements of thebegin insert federalend insert Help America Vote Act of 2002 (42
P3    1U.S.C. Sec. 15301 et seq.), are confidential and shall not be
2disclosed to any person.

3(2) Notwithstanding any other provision of law, the signature
4of the voter shown on the voter registration card is confidential
5and shall not be disclosed to any person, except as provided in
6begin insert paragraph (4) of subdivision (a) and end insertsubdivision (c).

7(c) (1) The home address or signature of any voter shall be
8released whenever the person’s vote is challenged pursuant to
9Sections 15105 to 15108, inclusive, or Article 3 (commencing
10with Section 14240) of Chapter 3 of Division 14. The address or
11signature shall be released only to the challenger, to elections
12officials, and to other persons as necessary to make, defend against,
13or adjudicate the challenge.

14(2) An elections official shall permit a person to view the
15signature of a voter for the purpose of determining whether the
16signature matches a signature on an affidavit of registration or a
17petition, but shall not permit a signature to be copied.

18(d) A governmental entity, or officer or employee thereof, shall
19not be held civilly liable as a result of disclosure of the information
20referred to in this section, unless by a showing of gross negligence
21or willfulness.

22(e) For the purposes of this section, “voter’s household” is
23defined as the voter’s place of residence or mailing address or any
24persons who reside at the place of residence or use the mailing
25address as supplied on the affidavit of registration pursuant to
26paragraphs (3) and (4) of subdivision (a) of Section 2150.



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